The Law Blog

Getting a court order is one thing. Getting the other party to follow it is another.

A lot of people assume that once an order is made, the issue is resolved. In reality, enforcement is often where the real conflict begins. Missed support payments, ignored parenting schedules, or outright refusal to comply are all common.

If you have a family law order in BC and the other party isn’t following it, there are options. But the right approach depends on what type of order you’re dealing with.

Start With the Order Itself

Before taking any enforcement steps, it’s worth reviewing the order carefully.

Is it clear and specific? Does it set out dates, amounts, and obligations in a way that can actually be enforced?

Vague terms like “reasonable parenting time” or loosely defined obligations can be difficult to enforce. Courts cannot enforce something that isn’t clearly defined.

If the order is unclear, the first step may be to vary or clarify it rather than trying to enforce it as-is.

Enforcing Support Orders

When it comes to child or spousal support, British Columbia has a built-in enforcement system: the BC Family Maintenance Agency (BCFMA), formerly called the BC Family Maintenance Enforcement Program (BCFMEP).

Once a support order or agreement is filed with BCFMA, they can take enforcement steps without you having to return to court every time there’s a missed payment.

This can include:

• Wage garnishment
• Intercepting tax refunds or federal payments
• Suspending driver’s licences
• Placing liens on property

BCFMA is often the most efficient route for ongoing support enforcement. That said, it can take time to set up and may not solve every situation immediately

Enforcing Parenting Orders

Parenting issues are more complicated.

If a parent is denying parenting time, refusing to return a child, or consistently ignoring the schedule, court intervention may be required.

Options can include:

• Applying for make-up parenting time
• Seeking an order for enforcement or compliance
• In more serious cases, applying for a change in parenting arrangements

The court’s focus will always be the best interests of the child. Repeated non-compliance can affect how parenting responsibilities are allocated going forward.

That said, not every disagreement justifies a court application. Occasional scheduling issues are treated differently than a pattern of refusal.

Contempt of Court

In more serious cases, a party may be found in contempt of court for deliberately disobeying an order.

Contempt is not easy to prove. The court must be satisfied that:

• The order was clear,
• The person knew about it, and
• They intentionally chose not to comply.

If contempt is established, the court can impose penalties, including fines or, in rare cases, jail.

Contempt applications are typically reserved for more extreme or repeated conduct. They are not the first step in most enforcement situations.

Financial Enforcement Beyond BCFMA

If BCFMA is not appropriate or not yet in place, support orders can also be enforced through the court.

This may include:

• Garnishing bank accounts
• Seizing assets
• Registering judgments against property

These steps are more procedural and often require legal assistance to navigate properly.

When to Consider Changing the Order

Sometimes the issue isn’t enforcement. It’s that the existing order no longer reflects reality.

For example:

• A parent’s income has changed significantly
• Parenting arrangements have shifted in practice
• The original order was based on incomplete information

In those situations, applying to vary the order may be more effective than trying to enforce something that no longer works.

Practical Considerations

Before taking enforcement steps, it’s worth asking:

• Is this a one-time issue or a pattern?
• Is the order clear enough to enforce?
• Are there better options than going straight to court?
• What outcome are you actually trying to achieve?

Jumping into litigation too quickly can escalate conflict without solving the underlying problem. On the other hand, doing nothing can allow non-compliance to become the norm.

Bottom Line

A family law order is only as effective as the steps taken to enforce it.

In British Columbia, there are tools available, particularly for support enforcement through BCFMA. Parenting issues are more fact-specific and often require court involvement if problems persist.

If the other party is not following an order, it’s important to act deliberately. The right approach depends on the type of order, the history of compliance, and the outcome you’re trying to achieve.

If you’re dealing with ongoing non-compliance, getting advice early can help you choose the most effective path forward.

Contact our office to discuss your options and next steps.